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2024 (1) TMI 2 - HC - Indian LawsDishonour of Cheque - need of new evidence - evidence sought to be led in under Section 311 is noted by the Court for a just decision of a case or not - HELD THAT:- The exercise of the widest discretionary power under Section 311 Code of Criminal Procedure should ensure that the judgment should not be rendered on inchoate, inconclusive speculative presentation of facts, as thereby the ends of justice would be defeated - The exercise of power under Section 311 Code of Criminal Procedure should be resorted to only with the object of finding out the truth or obtaining proper proof for such facts, which will lead to a just and correct decision of the case. The power under Section 311 Code of Criminal Procedure must therefore, be invoked by the Court only in order to meet the ends of justice for strong and valid reasons and the same must be exercised with care, caution and circumspection. The Court should bear in mind that fair trial entails the interest of the accused, the victim and the society and, therefore, the grant of fair and proper opportunities to the persons concerned, must be ensured being a constitutional goal, as well as a human right.” - In present case, Trial Court, after going through statement Ex. DW-3/A and after taking into consideration evidence before it, including Ex.DW-3/A, and considering the rival contentions of the parties, concluded that it appeared to be just and important to allow the application for adjudication of the complaint and, therefore, after recording that though application was filed at a belated stage, in the interest of justice, allowed the application with further order to compensate the complainant with costs of ₹ 1,000/-. The Trial Magistrate has not committed any irregularity, illegality or perversity in the impugned order, and, therefore, it is not a fit case to exercise jurisdiction under Section 482 Cr.P.C. - complainant-petitioner has failed to make out a case to rebut the satisfaction recorded by the Trial Magistrate with respect to necessity of allowing the application for just decision of the case. The present petition is dismissed and disposed of.
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